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(영문) 서울북부지방법원 2016.08.26 2016고합195

살인미수

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:45 on April 4, 2016, the Defendant was aware of the victim D (31 3) and E-private teaching institutes located in Seoul Special Metropolitan City, Nowon-gu, and caused a dispute with the victim by telephone as a result of the settlement of the situation with the victim on April 4, 2016, while the victim was unable to give expert testimony, and the victim was flicked with only one son at the convenience point where the victim sent the Defendant the text message of the vision, and the victim was flicked with a knive knife (15cm in total length, 7cm in knife, 7cm in length, and 1).

At around 21:30 on the same day, the Defendant met the victim before the exit No. G basin No. 2 in Dobong-gu Seoul, Dobong-gu, Seoul, and first fell into the victim’s bridge and buckbucks twice, and then, while the victim who caused the fire was at the time of the Defendant, knife the knife in advance knife with the knife in the backer.

In addition, the victim tried to kill the victim once every time, such as buckbucks and suckbucks, and knife knife, but it did not result in attempted murder by the surrounding people.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness H or I's testimony;

1. Statement made in the police statement protocol with D;

1. Entry of a medical certificate of injury, a copy of medical record, a medical opinion, and records of the treatment process after surgery;

1. Application of the existing Acts and subordinate statutes of one lux (No. 1) of a mountain knife knife (line knife knife) seized;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. The Defendant of the gist of the assertion.